Will Menardo Guevarra remain to be the solicitor general of the Marcos government, after refusing to defend the administration for its arrest of former president Rodrigo Duterte?

“Only the president can say that,” Guevarra told reporters on Tuesday, March 18.

Presidential Communications Office Undersecretary Claire Castro earlier said that Guevarra is the best person to assess whether he’s still fit to be solicitor general.

“Siguro po mas maganda po kung mismo si SolGen ang mag-assess sa sarili niya kung siya pa po ba ay nararapat na tumayo bilang Solicitor General,” Castro said. (Maybe it would be better for the Solicitor General to assess if he is still the right person to stand as solicitor general.)

Guevarra and his assistant solicitors general filed a manifestation to recuse on Monday, March 17, explaining to the Supreme Court that their consistent stance that the International Criminal Court (ICC) has no jurisdiction makes them ineffective to stand as counsel for the government. Duterte filed a petition against the government on the day he was arrested. While there was no immediate relief to stop the transfer to The Hague, the process of the main case is now rolling, which will likely involve asking both parties to submit their comments.

Castro maintained that Marcos also does not believe that the ICC has jurisdiction, but that the President maintains the arrest and the transfer were legal based on the government’s commitment to the International Criminal Police Organization (Interpol), and Republic Act (RA) 9851 or the International Humanitarian Law (IHL). Castro pointed out that Guevarra’s manifestation does not dispute the legality of Duterte’s arrest and transfer.

“Hindi po niya nabanggit kailanman sa kaniyang manifestation na mali ang pakikipagtulungan ng gobyerno sa Interpol. So, kung hindi po niya kakayaning ipagtanggol ang gobyerno, ang mga opisyal po ng gobyerno na tumugon sa Interpol, siguro sa kaniya pong damdamin lamang po iyon,” said Castro.

(Guevarra never said in his manifestation that it was wrong for the government to cooperate with the Interpol. So if he cannot defend the government, or the officials of the government who responded to the request of Interpol, then that’s for him to decide.)

Some lawyers have frowned on Guevarra’s choice to recuse, given that he is the statutory counsel of the government. It’s been known to happen before, especially with his predecessor, Duterte’s solicitor general Jose Calida who did things some view were outside his mandate. Now, Guevarra is invoking Calida’s battlecry — that he is the tribune of the people.

Guevarra told reporters: “The [Office of the Solicitor General] is not only the government’s counsel; it is also the tribune of the people.”

“The President, in his wisdom, fully understands this,” said Guevarra.

Ties that bind

The ties that bind Guevarra to the Duterte and Marcos administrations are far and wide.

Guevarra’s longtime friend and law firm partner is Salvador Medialdea, Duterte’s former executive secretary and lawyer at the first appearance of the former president in the ICC. Marcos’ wife, the lawyer Liza Araneta-Marcos, used to work in that same firm. In fact, Guevarra and Medialdea’s firm even defended Marcos’ mother, former first lady Imelda Marcos, in a case that eventually resulted in their family being charged by the Supreme Court P23 billion in overdue estate tax, which may have already ballooned to P203 billion.

Guevarra and Araneta-Marcos are also batchmates in Ateneo Law, both graduating in 1985. When Medialdea became Duterte’s executive secretary, Guevarra was deputy executive secretary. He would later become Duterte’s second and last justice secretary, before becoming Marcos’ solicitor general. Guevarra also served as deputy executive secretary for legal affairs in the administration of the late former president Benigno “Noynoy” Aquino III. – Rappler.com